Wednesday, March 27, 2024
Hawai'i Free Press

Current Articles | Archives

Tuesday, February 24, 2015
Rep. McDermott sues UH Over 'Pono Choices' Secrecy
By News Release @ 8:47 PM :: 8830 Views :: Education K-12, Family, Health Care, Higher Education


Rep. McDermott sues the University of Hawaii for details of secretive sex survey of school children

News Release from Rep Bob McDermott, February 24, 2015

Today, State Representative Bob McDermott (40th District—Ewa Beach) filed a lawsuit against the University of Hawaii for denying him access to a Pono Choices survey instrument. The survey questions contained therein potentially ask 11 year-old students questions about their sexuality and sexual behaviors.

McDermott has taken this action after numerous attempts to obtain this information on behalf of Hawaii parents and taxpayers.

After learning that Pono Choices was a research project, Rep. McDermott sought to obtain a copy of the survey instrument. The University of Hawaii denied him his request, claiming that "release of the instrument is being withheld in order to prevent disruption of the study".

Chapter 92F of the Hawaii Revised Statutes, however, states that "All government records are open to public inspection unless access is restricted or closed by law." If an agency wishes to deny access to a record, the agency bears the burden of proof of explaining why denial is proper. Rep. McDermott, however, does not believe the University has adequately met its burden.

"This is a government record", said McDermott. "Students have already been given access to the instrument's contents. The information has therefore already been released to members of the public. So it is time for the rest of the public—especially parents—to have access to that same document. It is nonsensical to allow middle schools access to a government document, but deny it to grown adults."

Rep. McDermott's legal counsel is former State Senator John Carroll.

“This is very reminiscent of my earlier attempts to get copies of the original Pono Choices curriculum material,” said McDermott. “The DOE and University just don’t seem to understand that parents and taxpayers own these institutions, and are entitled to see what their money is buying -- especially when it comes to materials of a very sensitive nature put in front of their children for secretive research activities.”

Rep. McDermott holds the position that the public should have access to what is being taught in public schools. The University of Hawaii authored Pono Choices, which is a sexual education curriculum designed for 11 to 13 year-old students. The curriculum is also a human research project. The Department of Education is utilizing a survey instrument (authored by the University) to ask students intrusive personal questions—presumably some are sexual in nature. However, we do not know what the exact questions are—since the University of Hawaii is refusing to release the survey instrument.

PLAINTIFF AND DEFENDANT

The Plaintiff is Rep. Bob McDermott. The lawsuit regarding access to the Pono Choices records is based on Chapter 92F of the Hawaii Revised Statutes. Under that law, the Defendant would be the "University of Hawaii", not the State of Hawaii. HRS §92F-15(a) states: "A person aggrieved by a denial of access to a government record may bring an action against the agency at any time within two years after the agency denial to compel disclosure" (emphasis added). The term "Agency" under HRS §92F-3 means:

any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the non-administrative functions of the courts of this State.

While the University of Hawaii is likely to put up a defense, Rep. McDermott will argue:

  • Government records are presumed to be subject to disclosure requirements.
  • The agency that refuses to disclose information bears the burden of proof of showing why the refusal is proper.
  • The University of Hawaii has already "let the cat out of the bag" by allowing the DOE to ask these survey questions of members of the public.
  • Given that the survey has already been released to some individuals, other persons have access under the law.

The real question: what is the University of Hawaii afraid of?

###

CN: Lawmaker Demands Sex Ed Questions

SA: Legislator sues to gain access to sex ed survey

Ka Leo: Lawmaker sues UH over access to sex education survey

Raw Story: GOP lawmaker sues Hawaii to reveal the sex-ed surveys of 11-year-old students

PDF: McDermott vs UH

Pono Choices May Violate State, Federal Laws

University of Hawaii won’t talk about sex education program

UH Bribes 'Pono Choices' Students With $52,200.00 in gift cards

UH: Pono Choices Secretly Part of "Human Subject Research"

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT